Section 64: Appointment of conciliators

Arbitration and Conciliation Act, 1996 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1996
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 64

Section 64 of the Arbitration and Conciliation Act, 1996 governs the appointment of conciliators, regulating party nominations, institutional appointments, and qualifications.

  • Sole Conciliator Appointment: In conciliation with one conciliator, parties may agree on the name of a sole conciliator.
  • Two Conciliators Appointment: In conciliation with two conciliators, each party may appoint one conciliator.
  • Three Conciliators Appointment: Each party appoints one, and parties agree on the third conciliator who shall act as the presiding conciliator.
  • Institutional Assistance: Parties may enlist an institution to recommend or appoint suitable conciliators, taking into account nationality and independence.
Key Landmark Precedents:
  • Haresh Dayaram Thakur v. State of Maharashtra, (2000) 6 SCC 179: The Supreme Court emphasized that appointment of conciliators under Section 64 must be transparent and consensual; unilateral appointment by one party without the consent of the other is invalid.
  • Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24: Discussed the appointment of qualified mediators and conciliators in court-annexed ADR.
Courtroom Practice & Strategic Litigation Guidance:

In multi-tier contract clauses, designate an established dispute resolution institution (e.g., IIAM, MCIA) under Section 64(2) to nominate the conciliator if parties cannot agree within 15 days.